literature Mainland China English summary

Normative Paths and Judicial Application of Legal Representative Powers

法定代表人职权的规范路径及其司法应用

Analyzes abuse and hollowing-out of legal representative powers, and argues for judicial restraint, internal-external distinction, and refined responsibility allocation.

Brief English Introduction

Zhao and Deng treat legal representative powers as both a governance tool and a source of recurring litigation risk. They distinguish abuse of power from hollowed-out authority, arguing that courts should intervene moderately while preserving the external appearance rules that make company transactions workable.

Use It For

Use this reading to connect nominee representative cases with overreach and litigation misconduct by active representatives.

Teaching Notes

Ask students how courts can protect outsiders without making nominal representatives bear risks they never controlled.